Cain v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Polls Circuit Court. The substance of the petition is: that in the year 1872 Robert Cain, plaintiff’s husband, jmrchased a lot on the north side of Vine Street in the city of Des Moines, and erected thereon a brick dwelling house, the .outer wall of which was upon the south line of' the lot and abutted on the sidewalk.
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Appeal from Polls Circuit Court. The substance of the petition is: that in the year 1872 Robert Cain, plaintiff’s husband, jmrchased a lot on the north side of Vine Street in the city of Des Moines, and erected thereon a brick dwelling house, the .outer wall of which was upon the south line of' the lot and abutted on the sidewalk. Before the purchase of the lot- and the erection of the house, the city by an ordinance had granted to the defendant the right to run its railroad tracks along said street, which was 82-J feet wide, the said tracks to be constructed as nearly as practicable to the…
1Opinion of the Court
Eothrock, J. I.
That a railroad company may locate and build its road in the public streets of a city or town in this State, without the consent of the corporate authorities of such city or town, has been definitely settled by frequent decisions of this court. City of Clinton v. C. R. & M. R. R. Co., 24 Iowa, 455; Chicago, Newton and Southwestern R. Co. v. Mayor, etc., 36 Id., 299; Cook v. City of Burlington, 36 Id., 357; Slatten v. Des Moines Valley R. Co., 29 Id., 148; City of Clinton v. C. & L. R’y Co., 37 Id., 61; Davis v. C. & N. W. R. Co., 46 Id., 389.. It is also well settled that such…
2Cases cited5 opinions
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Cadle v. Muscatine Western RailroadSupreme Court of Iowa · 1876
3Cited by7 opinions
- Pettit v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1903
- Dairy v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
- Fowler v. Des Moines & Kansas City Railway Co.Supreme Court of Iowa · 1894
- Fansler v. City of SedaliaMissouri Court of Appeals · 1915
- Eslich v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1888
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